STATE BANK OF INDIA Vs. S K GARG

JUDGEMENT

(1.) The challenge by means of this Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (Code of Civil Procedure) is to the impugned judgment of the appellate Court dated 10.5.2010, and by which judgment the appellate Court set aside the judgment of the original Court dated 6.8.2005. The trial Court by its judgment dated 6.8.2005, had dismissed the suit of the Respondent/Plaintiff. By the impugned judgment the appellate Court has decreed the suit of the Respondent/Plaintiff for declaration by setting aside the punishment awarded to the Respondent/Plaintiff and entitling him to the consequential reliefs of gratuity, pension, back wages and all other benefits including promotion.

(2.) The following substantial questions of law are framed:

(3.) The facts of the case are that the Respondent/Plaintiff was the Manager of the Appellant-State Bank of India and was charge-sheeted with respect to various transactions. Disciplinary proceedings were conducted and the Respondent was found to be guilty. The appeal of the Respondent before the appellate authority was also dismissed. Pursuant to the finding of guilt, the Respondent was directed to be removed from service in view of the following two charges having been established against the Respondent/Plaintiff: